deduction for U.S. federal income tax purposes in respect of such withholding, but only for a year in which you elect to do so for all creditable foreign income taxes. You should consult your tax
advisor regarding the deductibility and creditability of any PRC tax.
Additional Amounts paid pursuant to the obligations described under
Description of the NotesPayment of Additional Amounts would be treated as foreign-source ordinary interest income.
Exchange, Redemption and Other Disposition of the Notes
Upon the sale, exchange, redemption or other disposition of the Notes, you
will recognize taxable gain or loss equal to the difference, if any, between the amount realized on the sale, exchange, redemption or other disposition (other than amounts attributable to accrued but unpaid interest which will be treated as ordinary
interest income) and your adjusted tax basis in such Notes. Your adjusted tax basis in the Notes generally will equal the cost of such Notes. Any such gain or loss generally will be capital gain or loss and will be long-term capital gain or loss if
at the time of sale, exchange, redemption or other disposition you held the Notes for more than one year. The deductibility of capital losses is subject to certain limitations.
As described in PRC Taxation if we are deemed to be a PRC resident enterprise under the PRC Enterprise Income Tax Law, gains
from the disposition of Notes may be subject to PRC income taxes. You may use foreign tax credits to offset only the portion of your U.S. tax liability considered to be attributable to foreign-source income. Generally, gain or loss from the
disposition of Notes will be U.S.-source for foreign tax credit limitation purposes, which will generally limit the availability of foreign tax credits. However, if you are eligible for the benefits of the
U.S.-PRC income tax treaty, you may elect to treat such gain as PRC source income under the U.S.-PRC income tax treaty. You are urged to consult your tax advisor as to
your eligibility for benefits under the U.S.-PRC income tax treaty and the creditability of any PRC tax on disposition gains in your particular circumstances if you are so eligible.
Foreign Financial Asset Reporting
Owners of certain foreign financial assets, including debt of foreign entities, may be required to file an information report with respect to
such assets with their tax returns if the aggregate value of all of these assets exceeds $50,000 at the end of the taxable year or $75,000 at any time during the taxable year (or, in some circumstances, a higher threshold). Although the Notes are
not expected to constitute foreign financial assets subject to these requirements while held in an account at a financial institution, the account through which the Notes are held may be reportable if maintained by a foreign financial institution.
If you are a U.S. person acquiring our Notes, you are urged to consult your tax advisors regarding the potential application of this legislation.